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(영문) 대구지방법원 2015.11.19 2015고단4808
교통사고처리특례법위반
Text

The sentence of sentence against the defendant shall be suspended.

Reasons

Punishment of the crime

On May 28, 2015, the Defendant driven a bicycle on May 28, 2015, and led to the flow of the gate of a water pond located in the middle of Daegu Suwon-gu.

There are lots of books, in which the passage of ordinary people and bicycles is frequent, so in such a case, there was a duty of care to prevent accidents by accurately manipulating the front door and the left door and the left door, and accurately manipulating the brake and steering gear, and to prevent accidents.

Nevertheless, as long as the defendant neglected his duty of care and neglected to do so, the front wheel part of the bicycle driven by the victim B (the aged 74) who was frighter in the opposite direction of the defendant's running, was the front wheel part of the bicycle operated by the defendant.

As a result, the Defendant suffered injury to the victim, such as a plerehion pressure 12, which requires approximately eight weeks of treatment due to such occupational negligence.

Summary of Evidence

1. Defendant's legal statement;

1. The suspect interrogation protocol of the police as to B;

1. An injury diagnosis certificate (B);

1. On-site photographs;

1. Application of the Acts and subordinate statutes to the report on the occurrence of traffic accidents and the actual survey report;

1. Relevant legal provisions concerning criminal facts, Article 3(1) of the Act on Special Cases concerning the Settlement of Traffic Accidents Optional to Punishment, Article 268 of the Criminal Act, and selection of fines

1. Penalty fine of KRW 3,000,000 to be suspended;

1. The reason for sentencing under Article 59(1) of the Criminal Code of the Suspension of Pronouncement of Sentence is that the defendant's liability for the crime was not less severe due to the accident in this case, but the defendant's late and reflects the defendant's mistake, the circumstances that the accident occurred while driving on the bicycle lane, and the situation that the victim agreed smoothly with the victim, and the motive, circumstance, means and method of the crime in this case, situation before and after the crime in this case, and other circumstances that the defendant's age, character and behavior, career, environment, etc. are shown in the arguments in this case.

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